An easy to use introduction to relevant employment legislation in Ireland for Supervisors and Newly promoted Managers.

1. An Introduction to
Employment Law
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2. About TalentPool
We are a firm of business people who have
come together to provide a mentoring, and
training organisation.
We provide a range of services ranging from
Bookkeeping to Marketing, to Tweet Bureau to
website advice, and mentor support.
We make sure your business works for you
Check out www.talentpoolltd.ie
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3. Aim of the Day
The aim of this programme is to give you the
essentials in relation to their responsibilities as
an employer
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4. Learning Objectives
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Duties of an employer
Duties of the employee
Health and Safety Considerations
Health and Safety Training
Contracts of Employment
Different types of Contracts
Employee Relationship Management
Disciplinary Procedures
Rates of Pay
Dealing with Unions
Conflict Resolution

5. Who is working for you?
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6. Measure Twice Cut Once
1. Interview Process
2. Qualifications
3. Experience
4. References
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7. To be sure to be Sure
Setting Clear Expectations
Setting Clear Standards
Probation Period
Progress check
Feedback to New Employee
Feedback from New Employee
Get out of gaol clause
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8. Types of Contracts
Fixed Term Contracts
Part Time Contracts
Flexible Contracts
Full Time Contracts
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9. Provision of Services Versus
Employment Contract
Provision of Services is where a company or
person provides a service to you.
The same Laws apply in relation to termination
of contracts as with any other service
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10. EMPLOYMENT CONTRACTS
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11. Expressed Terms
Implied Terms
Implied by custom an Practice in Trade
Formation of the Contract

12. DUTIES OF AN EMPLOYER
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13. To provide Work
To pay wages or remuneration
To provide for the Safety of the employees
To indemnify employees except where
employee breaks law
employee had no right to give order
Common Law Duties of the Employer

14. DUTIES OF THE EMPLOYEES
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15. To give personal Service
To obey lawful orders
To exercise reasonable care and skill
To act in good faith
To maintain secrecy
To indemnify their employer – reimburse for
damages done
Common Law Duties of the employee

16. EMPLOYMENT
LAW

17. Right to information about contract of
employment
2001 Act removed exclusion for those
working under 8 hours per week
Act does not apply to employee who will
work under one month
Agency or company must give particulars of
employment in writing (Contract of
Employment)
Terms of Employment (Information)
Acts 1994 - 2001

18. Essential Ingredients of a Contract of Employment
Nature of Post of employment Temporary/Permanent
Duration of employment
Duties hours and overtime from time to time
Working hours
Salary or Hourly rate
Travel and subsistence allowances where relevant
Holiday entitlements
Special Leave – Compassionate leave, forced madure leave,
Sick Leave entitlements
Notice of Termination of employment
Maternity Procedures and entitlements
Medical examinations (if applicable)
Declaration and signatures – employee and employer (both sign this document)
Probation Period details will usually also be listed.
Contract of Employment must include

19. Where employee is required to work outside state
must get written statement with period required,
currency paid, benefits in cash, terms of repatriation.
Statement must be signed by employer
If employee leaves within two months, must still be
given above statement
Employers required to give employees under 18 copy
of the Official Summary of the Protection of Young
Persons (Employment) Act 1977
Employee can complain to Rights Commissioner
where employer fails to give employment contract.
Terms of Employment (Information)
Acts 1994 - 2001

20. Regulates payment of wages,
Wages must be readily negotiable method
Must get payslip with payments and
deductions
Gives protection against unlawful deductions
from wages.
Act Applies to
Employee, Apprentice, agency or sub-
contractor, employee in the service of
state
Payment of Wages Act 1991

21. Wages can be paid by cash, cheque, bank draft,
money order, credit transfer, any other method
specified by the Minister for Enterprise, Trade and
Employment.
Must be a written statement with every payment
Statements must be confidential
Employers can only deduct PAYE, PRSI, VHI or agreed
loans etc.
Employees can complain to Rights Commissioner
Transitional arrangements apply to employees paid
by other method than cash when Act of 1979 came in.
Payment of Wages Act 1991

22. Statutory Maximum Working Time, Rest and Holidays
Each 7 days can only work on average 48 hours
When working midnight to 7am can only work
average 8 hours per every 24 hour period
Entitled to a weekly rest break of 24 consecutive
hours
Act permits exceptions to rest provisions in event to
exceptional circumstances
Minimum holidays (pro rata) is 4 weeks.
Part time employees get 6 hours holidays for every
hundred hours worked
Organisation of Working Time Act
1977

23. Employees not covered include seafarers,
fishermen, lighthouse staff, established civil
servants etc.
If sick cert provided leave not counted as
holidays
Holiday time off determined by employer
Pay for time off at normal rate
When leaving must be paid any outstanding
holidays due
Entitlement to the Nine Public Holidays as well
Organisation of Working Time Act
1977

24. HEALTH AND SAFETY
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25. EMPLOYEE INDUCTIONS
Contract of Employment Signed
Safety Induction, Done and Signed off
Job Induction
Walk around Premises
Equipment Training
Emergency Procedures
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26. Employer responsible for this
Obliged to provide safe working conditions
Must have a safety statement
Employees responsible to taking reasonable
care with machinery etc
Health and Safety Authority established
under the 1989 Act to enforce Occupational
Safety and Health
Safety, Health and Welfare at Work
Act 2005

27. Outlaws Discriminatory Practises in relation to
interviewing, access to employment, access to
training and pay conditions.
Cannot discriminate under the following grounds -
gender, -marital status,- family status, -age, -race, -
religious belief, -disability, -sexual orientation and –
-membership of the Traveller community.
The Act also prohibits sexual and other harassment.
Act established Equal Authority to enforce the Act
Employment Equality Acts 1998 -
2007

28. Compliments Employment Equality Acts 1998 –
2007 to protect against discrimination in non
employment areas
Direct and indirect discrimination under 9
grounds
Covers discrimination against disability
Exemptions where provision of service would
cause substantial risk or damage
Claimants must notify person who claim is being
made about
Equal Status Acts 2000 -2004

29. Young persons = workers under 18
Covers Minimum entry age for employment
limits working hours
Rest intervals
Prohibition of night work
Protection of Young Persons
(Employment) Act 1996

30. If under 18 employer must get birth cert
Under 15 years of age prohibited
Maximum of 8 hours in day, 40 hours per
week
Under 16 must have 21 day break in summer
14 consecutive days off and 2 days off per
week
Between 16 and 18 must have 30 min break
after working more than 4 ½ hours.
Under 16’s cannot work before 8am or after
8pm

31. If under 18 employer must record
Full Name
Date of birth
Time of commencement of work each day
Time of termination of work each day
Rate of Wages, salary, normal working hours
Total wages or salary paid

32. Statutory entitlements for all pregnant
employees
26 weeks off, taking at least 2 before and 5
weeks after birth
Entitled to take time off without loss of pay for
antenatal and postnatal care
To exercise right employee must inform
employer 4 weeks before leave, and give
medical certificate to confirm expected week of
confinement
Maternity Protection Acts 1994- 2004

33. Can get maternity related benefit during leave
Can take an additional 16 weeks unpaid leave
after maternity leave
Employee not obliged to return to work but
must give employer 2 weeks notice of return
When employer cant oblige must offer
employee suitable alternative post
Breastfeeding mothers can be given health and
safety leave
While on maternity leave entitled to full annual
leave

34. Entitles adopting mother or sole Adopting
father to 24 weeks of adoptive leave
Must be adoption order in place
Employee must give 4 weeks notice in writing
Must inform employer in writing about intent
to return 4 weeks prior
Adoptive Leave Acts 1995 - 2005

35. Unpaid leave to provide full-time care for a person in need of such
care
Maximum leave is 65 weeks
Employees employment cannot be affected by taking leave
6 weeks notice in writing needed to recommence work given by
employee
Employee must give to employer copy of decision by Dept of
Social and Community and Family affairs
Employers must make record of leave or else there is a fine of
€3000 for failing to do so
At end employee entitled to return to work under same contract
and conditions
Employee can complain to rights Commissioner
Carers Leave Act 2001

36. Brings part time workers under same scope
of existing legislation
Must have 12 months continuous service
under Unfair Dismissals Act and 2 years
continuous service to get Redundancy
Payments
Protection of Employees (Part-Time
Work) Act 2001

37. Employer must put contract in writing
Cannot be treated less favourably than full
time workers, cannot continuously renew
contracts
Can only work on fixed term contracts for 4
years and must get a permanent contract
Protection of Employees (Fixed Term
Work) Act 2003

38. National Minimum wage is €8.65
Employees entitled to written statement on
wages
Can go to Rights Commissioner where
employer fails to give written statement on
average hourly rate.
National Minimum Wage Act 200

39. Provides for granting of employment permits
to foreign nationals
Employer required to pay for the fee. Permit
granted to employee and not employer
Act allows for inspections by Authorised
Officers.
Employment Permits Acts 2003 - 2006

40. Under EU council employees must be
informed of changes that will affect them
where there is at least 50 employees
Employers can put in pre-existing agreements
to suit circumstances
Employers must provide information on
organisations activities and consultation
must take place
Employees (Provision of Information
and Consultation) Act 2006

41. By agreement with Notice
By death of employer or employee
By Frustration
By Insolvency
By Breach of Contract
Termination of the Contract

42. BY EMPLOYER TO EMPLOYEE
Length of Service Minimum Notice
13 weeks to 2 yearsOne week
2 years to 5 years Two Weeks
5 years to 10 years Four weeks
10 years to 15 years Six Weeks
More than 15 years Eight Weeks
Minimum Notice and Terms of
Employment Acts 1973 - 2005

43. If employee working more than 13 weeks,
must give at least 1 weeks notice
Employer or employee can voluntarily waive
their rights.
Minimum Notice and Terms of
Employment Acts 1973 - 2005

44. Protects employees form being unfairly
dismissed.
Employees excluded have less than one years
service, at retirement age, close relatives,
defence forces, gardai, Fas trainees, state
employees, officers of local authorites, fixed
term contract, trainees, illegal contracts
Unfair Dismissals Acts 1977 - 2007

45. Dismissed unfairly if
No notice given
due to conduct of employer
(constructive dismissal)
Fixed term contract not renewed
Unfair Dismissals Acts 1977 - 2007

46. Substantial Grounds for dismissal
Lack of skill
Conduct of employee
Redundancy
Continuation would break law
Employer must give written reason within 14
days if required.
Claims of unfair dismissals must be made within
6 months.
Can go before Rights Commissioner
Unfair Dismissals Acts 1977 - 2007

47. Employee can be referred to Employment
Appeals Tribunal in First Place
May be referred to employees Appeals
Tribunal.
May then go circuit court if employer does
not comply within 6 weeks
At this court employer must prove that
dismissal was fair.
Unfair Dismissals Acts 1977 - 2007

48. Reinstatement – Job back
Re-engagement in job or equivalent
Financial Compensation
An employee fund to have been unfairly
dismissed but who has not suffered financial
loss will get a max. Of 4 weeks pay as
compensation
Remedies for Unfair Dismissal

49. Can occur when
-Employer ceases to trade
-Requirements of business cease
-Employer reduces employees
-Employer uses different practises
-Employer gets another employee to do work
which existing employee cannot do.
Redundancy Payments Act 1967 -2007

50. Gives rebates to employers who pay lump
sums
Pays employee when employer refuses to pay
Pays outstanding amounts due to employee
Social Insurance Fund

51. Over 16 years of age
Employment insurable under Social Welfare
Acts
2 years continuous employment
Dismissal or frustration will not merit
redundancy payments
Those entitled to Redundancy
Payment

52. One weeks pay plus two weeks pay
irrespective of age for every continuous year
of employment subject to a ceiling of €600
per week.
Payment Calculations

53. Seeks to prevent large-scale compulsory
replacement of workers in Ireland by lower-
paid alternatives.
Protection of Employment
(Exceptional Collective Redundancies
and Related Matters) Act 2007

54. An Introduction to
Employment Law
brought to you
by
Talentpool Ltd